Chapter 2 -Classification of Courts

Chapter 3 -Powers of Courts

SUPREME COURT (Justice)

````(To make law, interpretation of statues, protection of fundamental rights)

High Court (Justice)

(Any sentence authorised by law)

Court of Sessions (S. 9) Court of Magistrates (S.11)

Sessions Judge
/Additional Session Judge Assistant Session Judge
(S. 10)
(Any sentence authorized (Any sentence authorized
by law, a sentence of by law, except;
death is subject (a) a sentence of death; or
to confirmation by (b) imprisonment for life; or
the High Court (S.366 of CrPC)) (c) imprisonment for a term
exceeding ten years)

A) Court of Judicial Magistrate B) Executive Magistrates (S. 20)

Courts of Metropolitan Magistrate (S. 16) Court of Judicial Magistrate/other areas

/Metropolitan areas (S.8)

 Chief Metropolitan Magistrate (S. 17) Chief Judicial Magistrate (S.12)

/Additional Chief Metropolitan Magistrate /Additional Chief Judicial Magistrate
(Any sentence authorized by law; except (a) sentence of death, or (b) imprisonment for life or
(c) imprisonment for term exceeding seven years)

 Metropolitan Magistrate Judicial Magistrate First Class

(Any sentence of imprisonment not exceeding 3yrs or of fine not exceeding Rs. 10,000/-)

 Special Metropolitan Magistrate (S.18) Judicial Magistrate Second Class

(Any sentence of imprisonment not exceeding 1yr or of fine not exceeding Rs. 5,000/-)

Special Judicial Magistrate (S. 13) – appointed by High Court for a term not
exceeding one year and powers conferred are equivalent to Judicial Magistrate
First Class Judicial Magistrate Second Class or also equivalent to Metropolitan
Magistrate in Metropolitan areas

B) Executive Magistrate (S. 20) both in metropolitan area &

district areas, the SG may appoint as many persons as it thinks
fit to be Executive Magistrate and shall appoint one of them to
be District Magistrate.

District Magistrate

Additional District Magistrate Executive Magistrate (S. 20)

Subdivisional Magistrate

Executive Magistrate

Special Executive Magistrate (S. 21) – his power are

simultaneous to Executive Magistrate – for particular areas or for
the performance of particular functions - term for one year or
unless further order of the state government.

Local jurisdiction of Executive Magistrate (S. 22) – his

jurisdiction will be notified by the SG, if not notified by the SG he
is exercising powers to the whole district.

Subordination of Executive Magistrate (S. 23) – (1) All

Executive Magistrate, other the Additional district Magistrate,
shall be subordinate to the District Magistrate, and every Executive
Magistrate (other than the Subdivisional Magistrate) exercising
powers in a sub-division shall also be subordinate to the
Subdivisional Magistrate, subject, however, to the general control
of the District Magistrate.

Public Prosecutor – Section 24, Section 25 and Section 25A

 Sec Qualification Appointment Powers
Public 2(u) 7 yrs of In HC – CG Conduct any
Prosecutor practice as an & SG in prosecution or
or 24 Advocate consultation appeal on behalf
Additional with HC of SG or CG.
Public District or
Prosecutor local area – Plead without any
appointed by written authority.
state govt, (Sec 301)
One PP or
Courts – APP for one Court of
High Court district can be Magistrate – plead
& Sessions appointed. without written
Court PP & APP of permission. (Sec
other district 302)
also
Withdrawn from
prosecution before
judgment is
pronounced.

Special 24 10 yrs of CG & SG in Conduct any

Public practice as an consultation prosecution or
Prosecutor Advocate with HC appeal on behalf
of SG or CG.
Courts –
All Courts,
High
Courts

Assistant 25 CG & SG in Conduct any

Public consultation prosecution or
Prosecutor with HC appeal on behalf
of SG or CG.

When no Assistant
Courts – Public Prosecutor
Courts of is available,
Magistrate DISTRICT
MAGISTRATE
may appoint any
person as Assistant
Public Prosecutor
or
A Police officer
when
  Not IO
 Not below
rank

Directorate 25A Not less than Directorate – SG by notification

of 10 yrs of established by may specify
Prosecution practice as an SG
Act 5 of Director –
2005
Advocate appointed by
SG in
concurrence
All Deputy with Chief
Director of Justice of High
Prosecution, Court
PP,APP,
SPP in HC
Appointed
by SG.

Deputy 25A Not less than Same as SG by notification

Director of 10 yrs of Director of may specify
Prosecution practice as an Prosecution
Advocate

PP, APP,
SPP in
District
Courts

Chapter 3 - Powers of Courts

 A) S. 26 of the Code of Criminal procedure provides that offences under the Indian
Penal Code can be tried by High Court, or the Court of Session, or any other
Court prescribed by the First Schedule of the Code for such offence.

Sr. Name of Court Sentence which it may pass

Nos.
1. High Court Any sentence authorized by law
2. Sessions Judge or Any sentence authorized by law. However, a
Additional Session Judge sentence of death is subject to confirmation by the
High Court.
3. Assistant Sessions Judge Any sentence authorized by law. except -
(a) a sentence of death, or
(b) imprisonment for life, or
(c) imprisonment for a term exceeding ten
years.
4. Chief Judicial Any sentence authorized by law. except –
Magistrate or Chief (a) a sentence of death, or
Metropolitan Magistrate (b) imprisonment for life, or
(c) imprisonment for a term exceeding seven
years.
5. Judicial Magistrate First Any sentence of imprisonment not exceeding
Class or Metropolitan three years, or of fine not exceeding Rs. 10,000/-,
Magistrate or both
6. Judicial Magistrate Any sentence of imprisonment not exceeding one
Second Class years, or of fine not exceeding Rs. 5,000/-, or both

 Under the 2013 Amendment of Indian Penal Code Act, offences under S.
376 to S. 376E are to be tried, as far as possible, by a court presided over
by a woman
 **** If the case is registered against the person and some offences are
triable exclusively by a Magistrate and other offences triable
exclusively by a Session Court, the case cannot be spilt up, the entire
case should be committed to the Sessions Court.

B) Power to award imprisonment in default of fine:

S. 30 defines limits of a Magistrate’s power to award imprisonment in default

of fine, when a fine is imposed on an accused, and it is not paid, he can be
given further term of imprisonment in addition to the one already awarded
imprisonment, such an imprisonment;
(a) cannot be excess of the Magistrate’s power; and
(b) cannot exceed 1/4th of the term which the Magistrate is competent to
inflict as punishment for the offence, otherwise than as imprisonment in
default of payment of the fine.
For E.g. if ABC is convicted under IPC for an offence which is punishable of
either description of 3yrs, or fine or both,

And if the First Class Magistrate sentence the accused to under imprisonment
for 2yrs and a fine of Rs. 2000. In default of non payment of fine by ABC,
ABC can be sentenced for further imprisonment of 6months.
 Explanation: ABC convicted for 2yrs and a fine of Rs. 2000 is imposed, in
default of non payment of fine 1/4th of the sentence awarded i.e. 1/4th of
sentence 2yrs. Total of 2yrs+6months (maximum period under CRPC)

Section 65 of the Indian Penal Code in default of payment of fine, a accused

may be sentence to a period not exceeding one year.

C) Consecutive and Concurrent Sentences

Consecutive sentences: When a person is convicted, at one trial, of two or

more offences.
E.g. if a theft is committed, the accused may be found guilty of both theft and
of causing hurt.
In the circumstances, the convicted person may be awarded sentences of
imprisonment for both the crimes. He may be awarded imprisonment of 2yrs
in and 1yr imprisonment for the second offence.

If the terms of imprisonment are to be suffered one after the other, the
sentence of imprisonment are said to run consecutively.
--------------------------------------------------------------------------------------------

Concurrent Sentences: the term of imprisonment are to be suffered

together, the sentence are said to run concurrently, in the latter case, the lesser
sentence merges into the greater.

. Total imprisonment to be suffered by the convicted person is 2yrs,

considering the above example.

S. 31 In all cases, it is for the court to decide whether two sentences passed
against the same accused to run concurrently or consecutively. The general rule
is that such sentence run consecutively, and it is for the court to direct, in a
given case, that the sentence are to run concurrently.

However, for the purpose of appeal, the aggregate of all the consecutive
sentence passed against an accused is deemed to be a single sentence.

Exceptions;
(a) A person cannot be sentenced to imprisonment for more than 14yrs;
(b) The aggregate punishment cannot, in any case, exceed twice the amount of
punishment which the court is competent to inflict for a single offence.